High CourtsSingle Bench

Pratap Sahu vs State Of Odisha

Orissa High Court · Decided on 14 July 2023 · Citation: (2023) 07 OHC CK 0095

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1733 Of 2023
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Judgment

10 paragraphs · 253 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Kabisuryanagar P.S. Case No. 336 of 2021 corresponding to G.R. Case No. 326 of 2021 pending in the file of learned JMFC, Kabisuryanagar, Ganjam for commission of offence punishable Under Section 302 of IPC, on the allegation of committing patricide.

3.

In the course of hearing of the bail application, Mr. S.K. Pradhan, learned counsel for the Petitioner submits that all the material witnesses have already been examined in this case, but they have not supported the prosecution case and the Petitioner having been falsely implicated in this case may kindly be granted bail.

4.

On the other hand, Mrs. S.Sahoo, learned ASC, does not dispute about the eye witnesses not supporting the prosecution case, but she, however, strongly opposes the bail application of the Petitioner by taking this Court through the allegation and the Post Mortem Report.

5.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the fact that the trial is going on and other witnesses are yet to be examined, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

……………………………….